TERMS AND CONDITIONS OF THE ONLINE STORE AEROMIND.PL

 

§ 1 General Provisions

1.      These regulations define the general conditions and rules for the operation of the online store aeroMind.pl.

2.      The service provider is aeroMind sp. z o.o. sp.k., located at Jana Henryka Dąbrowskiego 154B, 60-594 Poznań, REGON 368269850, NIP 7822741074, contact@aeromind.pl, tel. +48 613071030.

3.      The service provider operates an online store (e-store) on the aeroMind.pl platform, through which it enables customers and other users of the store to use services provided electronically and to familiarize themselves with the goods available on www.aeromind.pl, and then conclude a sales agreement.

4.      These Regulations form the basis for the operation of the store.

5.      The Regulations, upon acceptance, constitute a binding integral part of the Agreement without the need to conclude a separate agreement. Upon acceptance of the Regulations, the user agrees to abide by them.

6.      Familiarization and acceptance of the Regulations are voluntary, but necessary to use the online store, including placing an order.

7.      The user declares that they have full legal capacity and are authorized to conclude valid contracts on their own behalf.

8.      The goods offered in the store are new. The store also offers used and ex-display goods. Information in this regard is included each time in the product description.

9.      The photos of the goods posted in the store may differ in color from the actual colors of the goods due to different configurations of customers' computer equipment.

 

§ 2 Definitions

1.      For the purposes of these Regulations, the following terms mean:

1)     Unmanned Aerial Vehicle (UAV) - a powered apparatus with no crew on board, which may use lift generated by aerodynamic forces on fixed (wings) or moving surfaces (rotor) or by aerostatic lift (aerostat), controlled autonomously or remotely by an operator (from the ground, air, or a ship).

2)     Price - the value expressed in monetary units that the customer is obliged to pay the seller for the goods, goods with digital elements, or digital service as gross remuneration (i.e., final remuneration including the appropriate tax) due to the seller in connection with the transfer of ownership of the purchased goods or services to the customer in accordance with the agreement.

3)     Business day - one day from Monday to Friday, excluding public holidays.

4)     Purchase form - a script that is part of the store used to place an individual order by the customer.

5)     Warranty - the manufacturer's obligation to remove a physical defect in the item or to deliver a defect-free item if these defects are revealed within the warranty period specified in the warranty.

6)     Warranty card - a warranty document concerning the quality of the sold item, based on which the issuer of the document (guarantor) is obliged to remove the physical defect in the item or deliver a defect-free item if these defects are revealed within the warranty period.

7)     Customer - a user who is an entrepreneur, an entrepreneur with consumer rights, or a consumer concluding a contract with the seller.

8)     Civil Code - the Act of April 23, 1964, the Civil Code (Journal of Laws of 2023, item 1610 as amended).

9)     Consumer - a natural person who performs a legal action with an entrepreneur not directly related to their business or professional activity.

10) User Account - individual access for each user to the panel of individual orders, ordered and/or provided files of ordered goods/services launched on behalf of the user by the seller (after the user registers and concludes the service provision agreement for maintaining the user account).

11) Delivery costs - the costs of issuance, in particular the costs of packaging and insuring the goods, as well as the costs of its shipping and collection.

12) Newsletter - an electronic distribution service provided by the service provider via email, which allows all users who use it to automatically receive from the service provider periodic content containing information about products, news, and promotions in the online store, provided it is ordered on the store's website.

13) Manufacturer - an entrepreneur engaged in the manufacture of the goods or any other person who appears as a manufacturer by placing their name, trademark, or other distinguishing mark on the goods or attaching it to them.

14) Product/Good - a movable item available in the seller's offer, being the subject of the agreement between the customer and the seller, including used/ex-display goods and goods with digital elements.

15) Entrepreneur - a legal person, an organizational unit without legal personality to which the law grants legal capacity, a natural person conducting business or professional activity in their own name, for whom the conclusion of the agreement is directly related to their business activity and has a professional nature, resulting in particular from the subject of the activity performed by them, disclosed based on the regulations on the Central Registration and Information on Business (CEIDG).

16) Entrepreneur with consumer rights - a natural person concluding an agreement with the seller directly related to their business activity when it results from the content of this agreement that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by them disclosed based on the regulations on CEIDG.

17) Regulations - these regulations for the operation of the online store using means of remote communication and the provision of electronic services. As regards services provided electronically, the regulations are the regulations referred to in Article 8 of the Act on the Provision of Electronic Services.

18) Reservation - reservation of the goods at the service provider's premises for the customer.

19) GDPR - the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

20) Store - the online sales service run by the seller, available to users equipped with appropriate end devices, enabling them to view the goods and/or services, within which the user has the option of purchasing goods or services. The online store is available at: http://www.aeromind.pl.

21) Seller - the service provider, i.e., aeroMind sp. z o.o. sp.k., based in Poznań, ul. Jana Henryka Dąbrowskiego 154B, 60-594 Poznań, REGON 368269850, NIP 7822741074, email address: kontakt@aeromind.pl, contact phone number: +48613071030.

22) Used/ex-display Good - a fully functional product that may, however, bear traces of use.

23) Good with digital elements - a good containing digital content or a digital service or connected with them in such a way that the lack of digital content or service would prevent its proper functioning.

24) Agreement - an agreement concluded between the user and the seller under the terms specified in these regulations, the subject of which is the purchase of goods or services, including the provision of electronic services to the user within the meaning of the Act of July 18, 2002, on the provision of electronic services.

25) Sales Agreement - a sales agreement within the meaning of the Civil Code concluded between the service provider and the customer using remote communication means via the store, the subject of which are goods.

26) Distance Agreement - an agreement concluded with a consumer as part of an organized system of concluding distance agreements without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the agreement.

27) Service - a service provided by the service provider to the customer available on the aeroMind.pl platform, in particular, the service of maintaining a user account.

28) Digital service - a service that allows the consumer to:

a) create, process, store, or access data in digital form,

b) share data in digital form that has been transmitted or created by the consumer or other users of that service,

c) other forms of interaction through data in digital form.

29) Consumer Rights Act - the Act of May 30, 2014, on consumer rights (Journal of Laws of 2020, item 287 as amended).

30) Act on the Provision of Electronic Services - the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2020, item 344 as amended).

31) User - a natural person with full legal capacity, a legal person, or an organizational unit without legal personality to which the law grants legal capacity, who uses the store.

32) Order - a declaration of the customer's will constituting an offer to conclude an agreement with the service provider aimed directly at concluding a distance sales agreement via the online store, specifying the type and number of goods being the subject of the sales agreement.

 

§ 3 Technical Requirements

1.      To cooperate with the seller's ICT system, the user is required to have a device connected to the Internet with an installed web browser supporting the UTF-8 code page (and possibly style sheets, so that the online store portal appears clear); no additional extensions or plugins need to be installed.

2.      To make purchases in the store, the user/customer is required to have an active email account (electronic mailbox) and a mobile phone number.

3.      The user is obliged to use the store in accordance with the laws in force in the territory of the Republic of Poland, the provisions of the regulations, and the general principles of using the Internet.

4.      It is forbidden to provide content of an unlawful nature, e.g., content promoting violence, defamation, or infringing the personal rights and other rights of third parties.

5.      The user acknowledges that they use the store exclusively for their own use. It is prohibited to use the resources and functions of the store to conduct business activities by the user that would or could infringe the interests of the seller.

6.      The seller will make every effort to ensure the proper operation of the store, in particular, it undertakes to promptly remove any problems and failures that prevent the correct operation of the store.

7.      Any comments regarding the functioning of the store can be reported, for example, in the form of an email sent to the address: logistyka@aeromind.pl.

8.      The seller is not responsible to the customer for:

1)     failures and disruptions in the operation of the Internet network, through which the customer uses the store,

2)     consequences resulting from third parties gaining access to the customer's data necessary to place an order,

3)     interruptions in the operation of the store, resulting from necessary work to expand, change the configuration or replace equipment or software or to carry out necessary maintenance work,

4)     interruptions in the provision of services resulting from causes beyond the seller's control,

5)     lost profits and/or customer losses resulting from the interruption or refusal of service/order fulfillment by the seller, including those resulting from disruptions in internet connections, terrorist attacks, hacker attacks, and other causes beyond the seller's control that may affect the order, including causes from other entities (entities providing telecommunication, hosting, banking, postal, courier, email services, domain registration and maintenance, and other similar services, the entity handling the payment process),

6)     delays or disruptions in order fulfillment resulting from incorrect preparation or submission of data,

7)     consequences of actions taken by the customer that constitute a breach of the provisions of the regulations,

8)     malicious or unlawful actions or omissions of any internet user,

9)     obstacles from software,

10) viruses, malware.

9.      The seller is not responsible for the truthfulness of the personal data provided by the customer when placing an order.

10.  The seller has the right to temporarily limit some of the store's functions, make them available at selected hours, or introduce quantity limits if the lack of limits could affect the continuity and stability of the store. The seller is not responsible for the consequences of these actions.

11.  The seller is not responsible for any damages suffered by the customer as a result of using an unsecured and antivirus software-lacking computer connected to the internet.

12.  The seller's website contains hyperlinks to other websites. The seller is not responsible for the content posted on these sites and their compliance with the applicable law.

 

§ 4 Prices and Promotional Offers

1. Prices of goods are given in Polish zloty and include all components, including VAT and customs duties. Prices do not include delivery costs. The store enables purchases in foreign currencies (e.g., EUR or USD).

2. The price displayed with the product at the time the order is placed by the customer is binding for the parties to the agreement. This does not apply to goods whose characteristics and delivery conditions are agreed upon individually with the customer. In such a case, the product description contains appropriate information in this regard.

3. The maximum order value for consumers is 10,000 PLN.

4. The seller reserves that products placed in the "Promotion" and "Sale" categories at the offered prices are available while stocks last. Additionally, in such a case, the seller also provides information about the lowest price applicable in the last 30 days.

5. The terms of a given promotional offer cannot be combined with other promotional offers or special offers, unless the terms of individual promotional offers allow such a possibility.

6. The promotional offer applies to orders placed during the period of the promotional offer.

 

§ 5 User Account

1. Full use of the store requires user registration (account creation) and login. Registration is voluntary and free.

2. Creating a user account requires providing the following data necessary to identify the user: first and last name, email address, residential address, phone number.

3. Only individual user accounts are allowed.

4. An active user account entitles the user to:

a)     access and view the list of placed orders,

b)     save and create a list of favorite products observed by the user,

c)     manage payment and delivery addresses,

d)     change the password and account details (including personal data).

5. Logging into the store involves entering the email address and password provided during registration.

6. During registration and order placement, the user is required to provide true data. The service provider is not responsible for the consequences of providing false data. If data changes occur while using the store, the user should contact the store's support team to modify them. The seller is not responsible for the consequences of failing to fulfill this obligation.

7. During the registration process, the user is required to consent to the storage and processing of personal data provided during registration and in orders in accordance with GDPR.

 

§ 6 Placing and Fulfilling Orders

1. Sales through the store are conducted 24 hours a day, 7 days a week, all year round, which does not exclude the possibility of temporarily disabling sales for technical reasons.

2. The information about goods on the store's website, including descriptions, technical and operational parameters, and prices, do not constitute an offer within the meaning of Article 66 of the Civil Code and are only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

3. The customer can place orders in the store in the following ways:

a)     through the purchase form available on the store's website,

b)     via email to the address available on the store's website,

c)     via email by accepting the offer sent by the seller at the customer's request to the email address provided by them,

d)     making a reservation for the goods at the seller's premises.

4. Placing an order does not result in the conclusion of a contract but is an offer to conclude a contract made by the customer to the seller.

5. Purchases in the store can be made by prior registration and logging in by the user or without registration.

6. The customer undertakes to pay when they accept the order by clicking the "Order with payment obligation" icon.

7. After placing the order, the customer will receive an email confirmation of receipt of the order from the seller, including the assigned order number and information containing:

a)     the seller's details and individual order items,

b)     the total gross price,

c)     delivery costs and estimated delivery time,

d)     method and deadline for payment,

e)     method and deadline for order fulfillment,

f)      in the case of a consumer or an entrepreneur with consumer rights - information about the right to withdraw from the contract - the withdrawal form is attached as Annex 2 to these Regulations.

8. If it is not possible to determine a fixed delivery cost for the destination country of the product, the seller prepares a delivery cost simulation before confirming the order and then sends information on the delivery costs for that order to the customer's email address with a request for acceptance. Upon receiving such acceptance from the customer, the seller sends an email confirmation of the order's acceptance for fulfillment.

9. The seller reserves the right to verify (including by phone or email) the order placed and to cancel it in the following cases:

1)     justified doubts about the reliability of the order (including the identity of the customer),

2)     permanent or temporary unavailability of the product, which will be immediately communicated to the customer. If the customer has already made payment, the seller will promptly refund the amount paid to the bank account from which the transfer was made, and the order will be canceled,

3)     inability to contact the customer,

4)     failure to pay the price to the seller's account (not applicable to the "cash on delivery" option),

5)     selection of the "cash on delivery" payment option when the gross order value exceeds 10,000.00 PLN (ten thousand zlotys).

10. In the case of an order placed through the purchase form available on the store's website, the contract is concluded when the customer receives an email confirmation of the order's acceptance for fulfillment.

11. The customer can track the order status in their user account under the "Orders" tab.

12. Orders will be fulfilled to the address provided by the customer, located in the Republic of Poland and abroad.

13. The seller is not responsible for non-delivery of the goods or delays in delivery caused by incorrect or inaccurate address information provided by the customer.

14. In the case of an order placed in the manner referred to in points 3(b) and (c) above, the seller promptly sends an email to the customer, attaching the applicable store regulations and a proforma invoice summarizing the order placed by the customer, including information on the ordered products [product value, delivery cost, and the total amount to be paid] and the seller's details. The sent message also contains information that paying the sent proforma invoice is equivalent to placing an order for the products and accepting the terms of the sent regulations.

15. The contract in the case referred to in point 14 above is concluded when the funds constituting payment for the order specified in the proforma invoice sent to the customer are credited to the seller's bank account.

16. Goods reservation for the customer is possible by phone or electronically at the express request of the customer. In such a case, the reservation does not result in the conclusion of a distance contract. The sales contract is concluded only at the seller's premises in the presence of both parties and does not constitute a distance contract within the meaning of Article 2(1) of the Consumer Rights Act.

 

§ 7 Method and Deadline for Payment for the Order

1. The customer can choose the following payment methods:

a)     transfer via the PayU payment service,

b)     credit card,

c)     BLIK,

d)     PayPal,

e)     ordinary bank transfer, provided that the order number and the note "Payment from the online store" are included in the payment title,

f)      cash on delivery - provided that, when choosing courier delivery, payment must be made in cash to the courier upon delivery.

2. Orders that are not confirmed or paid by the customer within 3 days from the time of placing the order will be automatically canceled (does not apply to the "cash on delivery" option).

3. In the case of payment by electronic transfer or credit card, the customer is required to pay for the products and delivery costs within 3 days from the date of placing the order.

4. The date of payment is considered the date of crediting the seller's bank account.

5. In the case of non-payment of the full price within the specified period, the seller may cancel the customer's order, of which the customer will be informed. The paid portion of the price will be refunded to the account from which the payment was made.

6. When making an electronic transfer, the order number assigned by the seller should be included in the payment title. All information necessary to make a transfer payment will be sent to the customer via email after the seller confirms receipt of the order.

7. If the order number is not provided in the transfer title, the seller will make efforts to determine this number, including direct contact with the customer (via email, phone). If it is not possible to assign the order number to the transfer, the seller will refund the amount paid to the bank account from which the transfer was made, and the order will be canceled.

 

§ 8 Order Fulfillment Time

1. The estimated order fulfillment time will be indicated by the seller when placing the order. The seller reserves that the fulfillment time may vary.

2. In any case, the seller will make every effort to ensure that the customer's order is fulfilled in the shortest possible time.

3. If the seller finds the permanent or temporary unavailability of the product, the seller may, after informing the customer of the situation and obtaining their consent, deliver another product with the same characteristics, purpose, and price.

4. If the seller is unable to fulfill the entire order, the customer has the right to choose whether they agree to the fulfillment of the order only in part or cancel the entire order. In such a case, after informing the customer of the situation and obtaining their consent, the seller will fulfill the order in part or refund the price for the unfulfilled part of the order.

5. The proof of purchase for consumers is a receipt.

6. The proof of purchase for non-consumer customers is a VAT invoice.

7. At the request of the consumer customer, the seller will issue an invoice. The request for an invoice should be submitted in the "Notes" field when placing the order.

8. If a non-consumer wishes to receive an invoice, it is necessary to provide the customer's NIP number when placing the order.

 

§ 9 Order Correction

1. Corrections to orders can only be made until the order confirmation is received.

2. Corrections can be made by sending an email to kontakt@aeromind.pl or contacting the seller at +48 61 307 10 30 (call cost as per operator's rate). When making a correction, the customer is required to provide the order number.

 

§ 10 Delivery Method and Costs of Goods

1.      The customer can choose the following options for the delivery of ordered goods:

a)     personal pickup at the seller's premises (after pre-payment of the order) in Poznań at Jana Henryka Dąbrowskiego 154B, during business hours 9:00-15:00 on working days - free of charge,

b)     delivery via the DPD courier service.

2.      The price list containing the costs of individual delivery options for the order will be visible during the order placement process. Individual delivery fees depend on the characteristics (including weight and dimensions) of the product and the indicated delivery address. The seller reserves the right to change the delivery option if the size and weight of the goods exceed the maximum dimensions or if the value of the goods exceeds the maximum insurance amount.

3.      The delivery cost is borne by the customer, unless the seller decides otherwise.

4.      Before accepting the parcel from the courier, the customer is obliged to check whether the packaging with the goods has not been damaged during transport. If the parcel shows signs of damage, it should not be accepted, and a damage report should be drawn up in the presence of the courier, and the seller should be contacted as soon as possible to clarify the matter.

5.      A non-consumer customer is additionally obliged to check the condition of the goods after delivery and in the presence of the courier, under the penalty of losing any rights under the transport contract. In case of finding mechanical damage to the parcel caused during transport, the customer should write a damage report and immediately contact the seller by phone or email at kontakt@aeromind.pl.

 

§ 11 Warranty

1.      The customer can file a complaint about a product with defects using the rights arising from the manufacturer's warranty, if provided.

2.      In the case of drones and other goods purchased in the store, the warranty is provided by the manufacturer. The warranty period is determined separately for each product model in the attached warranty card. The manufacturer guarantees the removal of factory defects in devices on the terms specified in the warranty card.

3.      A warranty claim can be filed:

a.      directly with the manufacturer: a) using the manufacturer's contact details provided in the warranty card, b) in the case of YUNEEC products:

·        at the address: Yuneec Europe GmbH, Nikolaus-Otto-Str. 4, 24568 Kaltenkirchen, Germany

·        by phone: +49 4 191 932 620 (available Mon-Fri 13:00-15:00)

·        by email: eucs@yuneec.com

·        following the instructions available here: Click and download

b.      through the seller:

c) on the website: https://naprawiam.online/panel/aeromind/login

d) by email at serwis@aeromind.pl - sending a scan/photo of the completed complaint form attached as Annex 1 to the Regulations

e) by traditional mail - sending the completed complaint form attached as Annex 1 to the Regulations,

f) by phone at +48 533 305 719, available Mon-Fri 9:00-15:00.

4.      The warranty claim should include the following data:

1)     complainant's details - first and last name,

2)     address of residence and complainant's email address,

3)     date of purchase of the product,

4)     product name,

5)     purchase price,

6)     a detailed description of the defect and the circumstances of its occurrence, the complainant's demands,

7)     warranty card number.

8)     if possible, a proof of purchase should be attached - a receipt or VAT invoice or other unquestionable proof of purchase.

5.      The shipment containing the defective product should be sent as follows:

1)     to the seller at the address: aeroMind sp. z o.o. sp.k., Jana Henryka Dąbrowskiego 154B, 60-594 Poznań, or

2)     directly to the manufacturer (at the address indicated in the warranty card).

6.      In the case of a warranty claim filed through the seller, the seller forwards the complaint to the manufacturer as the issuer of the warranty. After the warranty claim is reviewed, the seller will inform the customer of the result of the complaint based on the manufacturer's response. To avoid any doubts, the seller informs that under no circumstances is it obliged to remove defects or respond to the customer's claims under the warranty issued by the manufacturer, nor is it responsible for the content, manner, and form of the complaint resolution by the manufacturer.

7.      Any inquiries related to the procedure for exercising warranty rights and the progress of the filed claim can be directed by calling the phone number (available Mon-Fri 9:00-15:00): 533 305 719.

8.      The seller is not responsible for the customer's lost profits in connection with the performance of the agreement.

9.      The warranty procedure applies to all customers who purchased the goods with the attached warranty card.

10.  In relation to consumers and entrepreneurs with consumer rights, the provisions of this §11 do not limit the rights arising from the non-conformity of the goods with the contract under the Civil Code and §13 below.

§ 12 Post-Warranty Services

1.      The seller provides paid post-warranty services (repairs, periodic inspections, etc.).

2.      Reporting the intention to use paid post-warranty services is only possible online at https://naprawiam.online/panel/aeromind/login.

3.      All information about the status of post-warranty claims is provided by the AERODRON Ryszard Kumala, ul. Bieżanowska 1A/4, Kraków, phone number: 602 297 181 (available from Monday to Friday, 10:00-18:00).

4.      Detailed terms and conditions for post-warranty services are included in the service regulations available on the store's website at https://aeromind.pl in the "Service, services, and training" tab.

§ 13 Warranty for Defects (Rękojmia)

1.      The seller is liable to the customer if the sold goods have a defect (warranty for defects), subject to section 2 below.

2.      Based on Article 558 § 1 of the Civil Code, the seller's liability for defects in the product purchased by a customer who is an entrepreneur is excluded. The remaining provisions of this section apply only to customers who have the status of a consumer or an entrepreneur with consumer rights.

3.      If the sold item has a defect, the customer may:

a) demand the replacement of the item with a defect-free one, or

b) demand the removal of the defect, unless bringing the defective item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the other possible way of bringing it into conformity with the contract;

c) submit a statement on price reduction or

d) submit a statement on withdrawal from the contract due to a significant defect, unless the seller promptly and without excessive inconvenience fulfills the right provided in (a) or (b). This limitation does not apply if the item has already been replaced or repaired by the seller or if the seller has not fulfilled the obligation to replace the item with a defect-free one or remove the defect.

4.      A complaint for non-conformity of the goods with the contract (warranty for defects) can be filed in any form, but the following options are recommended:

1)     through the website https://naprawiam.online/panel/aeromind/login

2)     by email at serwis@aeromind.pl - sending a scan/photo of the completed complaint form attached as Annex 1 to the Regulations;

3)     in writing/traditional mail to the address: aeroMind sp. z o.o. sp.k., Jana Henryka Dąbrowskiego 154B, 60-594 Poznań, sending the completed complaint form attached as Annex 1 to the Regulations,

4)     by phone at +48 533 305 719, available Mon-Fri 9:00-15:00.

5.      The complaint should include the following data: complainant's details - first and last name, exact address of residence and email address, date of purchase of the goods, name of the goods, purchase price, a detailed description of the defect and the circumstances of its occurrence, a description of the complainant's demand.

6.      To review the complaint, the goods should be sent to the seller at the address: aeroMind sp. z o.o. sp.k., Jana Henryka Dąbrowskiego 154B, 60-594 Poznań. The seller reserves the right to extend the complaint review period until the goods subject to the complaint are effectively delivered.

7.      The complaint review period is 14 days from the date of receipt of the complaint by the seller.

8.      If the customer's claim for repair or replacement is accepted, the repair or replacement will be carried out as soon as possible, as indicated by the seller, but due to the nature of the goods, this period may be extended by the time necessary to perform the agreed scope of repair/replacement of the goods.

9.      Detailed provisions regarding the complaint of a product - a movable item (including a movable item with digital elements), except for a movable item that serves solely as a carrier of digital content - purchased by the customer under a sales contract concluded with the seller, are specified in Articles 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the seller's liability towards the consumer in the event of non-compliance of the product with the sales contract.

10.  Detailed provisions regarding the complaint of a product - digital content or service, or a movable item that serves solely as a carrier of digital content - purchased by the customer under a sales contract concluded with the seller, are specified in Articles 43h - 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the seller's liability towards the consumer in the event of non-compliance of the product with the sales contract.

11.  In case of any doubts related to the complaint submission procedure, the customer can obtain guidance by calling +48 61 307 10 30 (call cost as for local calls).

§ 14 Withdrawal from the Contract (Product Return)

1. A Customer who is a Consumer, having purchased a Product through the Store, has the right to withdraw from the contract without providing any reason within 14 days (it is sufficient to send a declaration before the deadline expires).

2. The period for withdrawing from the contract begins on the day the Consumer takes possession of the Product, and in the case of a sales contract covering multiple Products delivered separately, in batches, or in parts – from the moment of taking possession of the last Product, batch, or part.

3. To withdraw from the Contract, the Consumer submits a declaration to the Seller. The declaration form for withdrawal from the contract is attached as Appendix No. 2 to the Terms and Conditions and is available on the Store’s platform in a downloadable format.

4. The withdrawal declaration can be submitted in any form, but the recommended methods are:

   1. Electronically on the website https://aeromind.pl/ under the "I want to return a Product" section;

   2. By email to: serwis@aeromind.pl - sending a scan/photo of the completed complaint form attached as Appendix No. 2 to the Terms and Conditions;

   3. In writing/by traditional mail to the address: aeroMind sp. z o.o. sp.k., ul. Jana Henryka Dąbrowskiego 154B, 60-594 Poznań - sending the completed complaint form attached as Appendix No. 2 to the Terms and Conditions.

5. If possible, a copy of the proof of purchase – receipt or VAT invoice or other indisputable proof of purchase – should be attached to the declaration.

6. In the event of withdrawal from the sales contract for Products – movable items, including movable items with digital elements: a) The Consumer is obliged to return the Product to the Seller without delay, no later than within 14 days from the day they withdrew from the contract, or hand it over to a person authorized by the Seller to collect it, unless the Seller proposed to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before the deadline expires; b) The Seller is obliged to return all payments made by the Consumer without delay, no later than within 14 days from the day they received the withdrawal declaration. The Seller will refund the payments using the same payment method used by the Customer, unless the Customer expressly agrees to a different refund method that does not involve any costs for them. If the Seller did not propose to collect the Product themselves, they may withhold the refund of payments received from the Customer until they receive the Product back or the Customer provides proof of its return, whichever occurs first.

7. The Consumer bears the direct costs of returning the Product. COD (Cash on Delivery) or "receiver pays" return shipments will not be accepted.

8. The Consumer should return the Product, if possible, in its original, undamaged packaging.

9. The Consumer is responsible for the reduction in the value of the Product resulting from its use beyond what is necessary to determine the nature, characteristics, and functioning of the Product.

10. In particular, the returned Product must not show signs of use beyond what is necessary to determine the nature, characteristics, and functionality of the Product, i.e., the Product logs must not indicate it has been flown and/or must not have been removed. In such a case, due to the significant decrease in the value of the Product caused by the presence of logs, the Seller has the right to refuse to accept the return.

11. The provisions of this § 13 apply accordingly to an Entrepreneur with consumer rights.

§ 15 Out-of-Court Dispute Resolution

A Customer who is a consumer or who has consumer rights has the possibility of using the following out-of-court methods for handling complaints and pursuing claims:

1. The possibility of contacting the Municipal Consumer Ombudsman for assistance in protecting consumer interests and rights;

2. The possibility of submitting a request for the initiation of proceedings regarding out-of-court resolution of consumer disputes under the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823), e.g., to the Provincial Inspector of Trade Inspection;

3. The possibility of submitting a request for the case to be examined by the Permanent Consumer Arbitration Court operating at the relevant Provincial Inspectorate of Trade Inspection;

4. The possibility of using the interactive ODR (Online Dispute Resolution) platform, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/WE, which is an interactive tool provided to consumers from the European Union, through which complaints can be filed. Link to the ODR platform: https://ec.europa.eu/consumers/odr/

§ 16 Provisions Related to Unmanned Aerial Vehicles (UAVs)

1. By entering into the Contract, the Customer acknowledges the legal restrictions related to Unmanned Aerial Vehicles (UAVs), in particular, but not limited to: a) The operator of an Unmanned Aerial Vehicle must be an adult with sufficient skills and knowledge in piloting remote-controlled models, or a minor over the age of 14 with the consent of a legal guardian, b) Legal, financial, or criminal liability for any damage to property or health caused by the Unmanned Aerial Vehicle and for the consequences of violating regulations regarding the rules for operating aerial models and unmanned aerial vehicles always rests with the operator (or their legal guardians) of the unmanned aerial vehicle, c) Recreational or sporting flights with an Unmanned Aerial Vehicle can only be conducted within the line of sight (VLOS), d) There is a need to obtain permission to perform flights in the special category for Unmanned Aerial Vehicles heavier than 25 kg, e) The operator of an aerial vehicle used for commercial purposes, other than recreational or sporting, is required to hold a qualification certificate in accordance with Article 95(2)(5a) of the Aviation Law Act, f) It is prohibited to violate air traffic regulations, in particular conducting flights beyond the line of sight (FPV) in controlled airspace (A, B, C, D, E, F including TMA and CTR controlled airport zones) outside designated zones (Article 126(4) of the Aviation Law Act), g) There is an obligation to register the operator of the Unmanned Aerial Vehicle System (UAVS).

2. Along with the Warranty Card, the Customer receives from the Seller the User Manual and other documents required by law provided by the Manufacturer, which the Customer is obliged to follow.

3. In the case of Yuneec brand Products, to ensure the safe use of the Product, the Seller requires completion of a free training course available on the Seller’s e-learning platform.

4. The Customer is required to familiarize themselves with the User Manual attached to the Product.

5. The Customer agrees to check the technical condition of the Product before using it, and in case of any defects or irregularities in its operation, to immediately inform the Seller and cease using the Product.

§ 17 Newsletter

1. The Seller provides a free newsletter service to selected Users/Customers, consisting of sending ordered information, offers, promotions, etc.

2. The contract for the newsletter service is concluded under the terms of these Terms and Conditions for an indefinite period at the moment the Customer subscribes to the newsletter by entering their email address and checking the "I want to receive the E-mail Newsletter" checkbox (with the possibility of later opting out) during the order process and/or when creating a User Account.

3. The contract for the newsletter service is terminated when the Customer/User withdraws their consent to receive it by clicking "We hope you like our messages. If not, you can unsubscribe by clicking Unsubscribe here" at the bottom of the newsletter message.

4. The Seller is not responsible for the accuracy of the personal data provided by the Customer/User during the subscription to the newsletter service.

 

 

 

§ 18 Personal Data Protection

1. Providing personal data by the Customer is voluntary but necessary for concluding and fulfilling the Sales Agreement.

2. The administrator of personal data of Customers, Users, and persons contacting the Seller is: aeroMind spółka z ograniczoną odpowiedzialnością sp.k. based in Poznań, ul. Jana Henryka Dąbrowskiego 154B, 60-594 Poznań, REGON 368269850, NIP 7822741074, email: kontakt@aeromind.pl, phone number: +48613071030.

3. The Seller processes the following personal data:

   1. Customers: first name, last name, delivery address, email address, phone number, bank account number, computer IP address, in applicable cases, account information including username, password, and identifier,

   2. Persons contacting the Seller via contact form, Messenger, or complaint form: first name, last name, company name, email address,

   3. Website Users: IP address, system logs, online identifiers, data from cookies, data about the operating system, data about activity on the website, and personal and marketing preferences.

4. The personal data of Customers and Users are processed in accordance with Article 6(1)(b) of GDPR, as it is necessary for the proper execution of the Agreement. For any other personal data provided optionally, the legal basis for processing is consent (Article 6(1)(a) of GDPR).

5. To fulfill the statutory obligations imposed on the Administrator, arising from generally applicable laws, particularly tax and accounting regulations, the legal basis for processing is a legal obligation (Article 6(1)(c) of GDPR).

6. For analytical and statistical purposes, to improve the functionalities and services provided, the legal basis for processing is the legitimate interest of the Administrator (Article 6(1)(f) of GDPR).

7. For the purpose of sending marketing content about the Administrator’s own services in a manner agreed upon by the Customer/User, the legal basis for processing personal data is the legitimate interest of the Administrator (Article 6(1)(f) of GDPR); the Administrator's legitimate interest involves sending marketing content about their own services during the period of providing services to the Customer/User electronically, and additionally in a manner to which the Customer/User has consented.

8. For the possible establishment, exercise, or defense of legal claims, the legal basis for processing is the legitimate interest of the Administrator (Article 6(1)(f) of GDPR), which involves protecting its rights.

9. Personal data is protected in accordance with GDPR in a way that prevents unauthorized access. The User has the right to access, correct, and request the deletion of their personal data.

10. The Customer/User may at any time give additional consent for their personal data to be processed for marketing purposes by the Seller and other affiliated entities, to inform them about new products, promotions, and services available in the Store. The User may withdraw this consent at any time.

11. The personal data of the User is processed for the time necessary to perform the Agreement and depends on the type of Service provided and the purpose of processing. Generally, the data is processed during the period of Service provision or order fulfillment, archiving, until the withdrawal of consent, or the submission of an effective objection to data processing in cases where the legal basis for data processing is the legitimate interest of the Administrator (Article 6(1)(f) of GDPR).

12. The data processing period may be extended if the processing is necessary for the establishment, exercise, or defense of potential legal claims, and after that period, only if and to the extent required by law. The processing period will not exceed 6 years from the date of performance of the Agreement. After this period, the data is deleted.

13. The Administrator will not transfer the Customer/User’s data to a third country or an international organization.

14. Every person whose personal data is processed by the Seller has the right to:

1. Access their data and correct, delete, or limit the processing of their data, as well as the right to data portability,

2. In cases where the Seller processes personal data based on that person's consent – the right to withdraw it at any time, without affecting the lawfulness of the processing based on consent before its withdrawal,

3. Lodge a complaint with the President of the Data Protection Office if they believe that the processing of their personal data violates GDPR provisions,

4. Object to the processing of their personal data based on the legitimate interest of the Seller.

15. Detailed information regarding personal data and privacy protection can be found in the Privacy Policy section on the aeromind.pl website. Changes to the Privacy Policy do not constitute changes to the Terms and Conditions.

§ 19 Copyright and Related Rights

1. All content posted in the Store, including texts, photos, graphics, audio and video files, elements individually and collectively, and source code, are the property of the Seller, unless explicitly stated otherwise.

2. This content is protected by copyright law and may only be used for personal use without the owner’s consent; it cannot be publicly used in any way without prior written consent from the owner, copied, modified, or shared.

3. The unauthorized use of the Seller’s trademarked logo and name is prohibited.

4. The Customer/User does not acquire any rights to the content posted in the Store under the Agreement unless a separate agreement is concluded to this effect.

5. The Customer/User is obliged not to infringe the rights mentioned in paragraph 2 above.

§ 20 Paid Rental Service of Unmanned Aerial Vehicles

1. The Seller's offer also includes the paid rental of Unmanned Aerial Vehicles during the repair of the model in use - so-called "replacement drone."

2. The specific terms of the service described in paragraph 1 depend on the individual needs of the Customer and will be made available upon explicit request by the person interested in using such a service.

3. The person to whom the Product is made available under this paragraph is liable for any damages caused in connection with this provision, except for those caused by defects inherent in the Product.

4. Detailed service rules can be obtained at: https://aeromind.pl in the "Service, Services and Training" section, by email: serwis@aeromind.pl, and by phone: +48 61 307 10 30 (call cost is the same as local calls).

§ 21 Reviews

1. The Seller enables the submission and access to reviews of Products according to the terms specified in this section of the Terms and Conditions.

2. A review can be submitted by using the form that allows adding a review of a Product. This form may be provided directly via an individual link received by the Customer only after a purchase, sent to the email address provided by the Customer. When adding a review, the User can also include a graphic rating from 1-5 (where 5 is the highest rating) and write their own review.

3. Reviews may be published directly on the Store's website (e.g., next to the given Product) or on an external review collection service with which the Seller cooperates and links to from the Store's website (including through an external widget placed on the Store's website).

4. Reviews are displayed in the Store after being verified by the Service Provider.

5. A Product review can only be submitted for Products actually purchased in the Seller's Store and by a User who purchased the reviewed Product. It is prohibited to enter into fictitious or sham sales agreements to submit a Product review.

6. Submitting reviews cannot be used for unlawful activities, especially actions constituting unfair competition or actions infringing personal rights, intellectual property rights, or other rights of the Seller or third parties.

7. The Seller ensures that the published reviews of Products come from its Customers who purchased the given Product. To this end, the Seller undertakes the following actions to verify that reviews come from its Customers:

   1. Publishing a review submitted through the form available directly on the Store's website requires prior verification by the Service Provider;

   2. Verification involves checking the compliance of the review with the Terms and Conditions, in particular verifying whether the reviewer is a Customer of the online Store – in this case, the Seller checks whether the person made a purchase in the online Store, and in the case of a Product review, additionally checks whether they purchased the reviewed Product;

   3. Verification is carried out without undue delay;

   4. The Seller sends its Customers (including through an external review collection service with which it cooperates) an individual link to the email address provided by them during the purchase – this way, access to the review form is granted exclusively to the customer who purchased the Product in the Store.

8. In case of doubts by the Seller or concerns raised by other Customers or third parties regarding whether a review was submitted by a Customer or whether a Customer purchased a given Product, the Seller reserves the right to contact the author of the review to clarify and confirm that they are indeed a Customer of the online Store or purchased the reviewed Product.

9. The Seller does not post or commission others to post false reviews or recommendations, nor does it distort reviews or recommendations to promote its Products. The Seller provides both positive and negative reviews. The Seller does not provide sponsored reviews.

10. Comments or concerns can be reported to the Seller via email at: serwis@aeromind.pl or by phone: +48 61 307 10 30.

§ 22 Final Provisions

1. The governing law for sales agreements between the Customer and the Seller under the terms specified in the Terms and Conditions is Polish law.

2. The appropriate language for communication between the Store and the Customer is Polish.

3. Any disputes arising in connection with the implementation of sales agreements between the Seller and the Customer will be resolved primarily through negotiations, with the intention of amicably settling the dispute.

4. The Seller reserves the right to amend the Terms and Conditions in case of introducing new functionalities to the Store or changes in the services provided, as well as in the event of changes in generally applicable law, insofar as such changes in legal regulations modify the content of these Terms and Conditions or impose an obligation on the Seller to introduce specific changes.

5. The provisions of the Terms and Conditions do not exclude or limit any rights of the Consumer or persons with consumer rights regarding defects in the Products that are granted to them under the mandatory provisions of law. In the event of a conflict between the provisions of the Terms and Conditions and the mandatory provisions of law, the latter shall prevail.

6. The Terms and Conditions are available to all Customers and Users in an electronic version on the Store's website at aeromind.pl under the "Terms and Conditions" section.

7. The Terms and Conditions come into effect on the date of publication on the Store's website.

Terms and Conditions valid until July 31, 2024.

 

Appendix No. 1 - Goods complaint form

Appendix No. 2 - Form of declaration of withdrawal from the contract